NSW Return to work advice

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Smotoska

Active Member
11 February 2021
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I work 105 hours a fortnight, went on stress leave due to workplace matters ( high turnover of staff and workload). I asked to stop working every 2nd Saturday and was told it's part of my contract. They then realised they have given me the wrong contract, not only that when I originally applied, it stated Mon to Fri only. Whatever, I signed the new contract I really didn't want to start trouble.
I Had a transparent medical certificate stating anxiety symptoms. Work decided to put me off for another 2 weeks to get my Doctor to fill in a return to work plan. Had a meeting with HR, dealt with it internally, came to an agreement and returned back to work.

2 weeks in, work requested I see their Doctor for a "employment check up". Asked my Manager what this is and he said a drug test. I complied, went to the appointment and was confused because of the questions they were asking, I was answering frustrated because I already felt went through this with my Doctor. Left thinking what the hell was that and never heard anymore about it, returned to work. 2 weeks after that appointment, I went on annual leave and the day before I was to return I was told to attend a meeting. They stood me down because their Doctor has said I am fit to work, however I need to be supervised at work and can't drive machinery. And I needed bipolar excluded.

This annoyed me. My Doctor referred me to a Pyschiatrist which the report came back that I have no mental illness, my Doctor also agreed and added his commentery. Both said I'm fit to work my normal duties.

I'm ready to return to work, I feel this went way out of hand and their Doctors report was incorrect. Never had any performance issues, no formal or informal discussions nor have I had any accidents using machinery since working there.

Does my Employer legally have to let me back to full duties now that I have 2 reports conflicting their Doctors report? I'm waiting on a review meeting wiyh HR and I'm just wondering if there is anything else I should look out for or are they obligated to have me return. I have been waiting 1 week to hear from HR and I'm starting to feel stressed.
 

Smotoska

Active Member
11 February 2021
11
0
31
I forgot to mention that I have provided a copy of my Pyschiatrist report to my work and a letter from my Doctor stating he agrees with the Pyschiatrist and I can return to normal duties. All my medical certificates have been clear and so has my Doctor. They can't possibly expect any more information or send me to their doctor again?
 

Rod

Lawyer
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27 May 2014
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They stood me down
On full pay?

I'd turn up to work saying you are ready work and that you have been given the all clear to work.
 

Smotoska

Active Member
11 February 2021
11
0
31
On full pay?

I'd turn up to work saying you are ready work and that you have been given the all clear to work.
No, they put me on sick leave. I have exhausted all sick leave and annual leave, currently on SLWOP. I was on medication and had a reaction, stopped it immediately (No accident at work). This is what I thought they were sending me to do a drug test for, it turned out to be a IME. So their doctor has said I'm fit but I need to be supervised and I can't drive machinery. So they said I need to go on sick leave until I get bipolar excluded and a treatment plan.
 

Smotoska

Active Member
11 February 2021
11
0
31
I have been off since December. November 18th I had the IME. Went on leave Dec 4th and on Dec 14th they said I can't be at work until I have a clearance. My doc went on leave, returned Jan 11th, could find a Pyschiatrist until Jan 18th.
 

Smotoska

Active Member
11 February 2021
11
0
31
They have my Pyschiatrist report clearing me and my Doctors commentery clearing me as well. HR have said they are now reviewing and anticipate that next week they will have an update on the progress.

I guess I'm concerned I just did all this and they are going to fire me or take longer or find something else. I don't hate my job, I was just stressed and over work at the time with no real Manager to support how I was feeling at the time.
 

Rod

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They may not have a right to put you on sick leave if you have a clean bill of health from your doctor.

Send them a letter saying you have no health issues and will return to work on Monday.
 

Smotoska

Active Member
11 February 2021
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0
31
They may not have a right to put you on sick leave if you have a clean bill of health from your doctor.

Send them a letter saying you have no health issues and will return to work on Monday.
I think they were rolling with that I have a mental illness and to protect their staff and themselves they needed a diagnosis and a treatment plan from my Doctor and a Pyschiatrist because their Doctor said I am fit but I need to be supervised with staff and customers and I can't drive machinery - this is why they put me on sick leave because those are my job requirements. This is through their work health and safety.

Now I'm just waiting for them to let me know if I can come back. They have no choice now, right? Because I have been cleared by a Pyschiatrist and my Doctor. Is there any reason they can fire me?
 

Rod

Lawyer
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27 May 2014
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Employers can always fire employees, most times for valid reasons, sometimes not.

Certainly your employer has a duty for the health and safety of all employees, and I have no idea if you present a risk or not. It looks good that you have both a pysch and GP reports.

They seemingly have some kind of issue regarding your employment, so send them something in writing so you have a record. If the employer does take action against you, by putting something in writing first, you increase your chances of them being found to have done something wrong.
 

Smotoska

Active Member
11 February 2021
11
0
31
Employers can always fire employees, most times for valid reasons, sometimes not.

Certainly your employer has a duty for the health and safety of all employees, and I have no idea if you present a risk or not. It looks good that you have both a pysch and GP reports.

They seemingly have some kind of issue regarding your employment, so send them something in writing so you have a record. If the employer does take action against you, by putting something in writing first, you increase your chances of them being found to have done something wrong.
I actually really haven't done anything wrong. I was just stressed and I had a casual from a labour hire who was on parole threaten me and then quit because I confronted him. This really stressed me out because the Managers were not screening the casuals. I got angry and spoke up then went on stress leave because I already had 12 casuals in a span of 10 months. My work is dangerous. Regardless, we all came to an agreement that management will better screen the casuals and I will work on my communication. Then I returned to work and the manager and I worked things out, moved forward. That's when I had a reaction to medication and the rest I have already mentioned.

Now I have had my mental health evaluated and cleared from any illness and my Doctor saying it has resolved itself.

So what are you suggesting I write to them? That I am fine to return - something along those lines?